Prohibiting Discrimination Based On Unemployment

Law360, New York (August 4, 2011, 12:28 PM EDT) -- On June 1, 2011, New Jersey became the first state to prohibit employers from discriminating against the unemployed in print and Internet job advertisements. Under the new law, employers cannot knowingly or purposefully publish a job posting that states: (1) current employment is a qualification for the job; (2) currently unemployed applicants will not be considered for hire; or (3) only currently employed job applicants will be considered for hire.

Despite the breadth of these prohibitions, the law permits an exception for employers who publish a...